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LL 04 Extend Temp. Moratorium on Res. Multifamily Const. Bay Rd Office Dis. STATE OF NEW YORK DEPARTMENT OF STATE ANDREW M. CUOMO ONE COMMERCE PLAZA GOVERNOR 99 WASHINGTON AVENUE ALBANY,NY 12231-0001 CESAR A. PERALES WWW.DOS.NY.GOV SECRETARY OF STATE August 10, 2015 Rose Mellon Z AUG 13 c015 �r QUEEN'S'13UM Deputy Town Clerk LERK'SOFFIC f 742 Bay Road r. CLERK'S OFFICE Queensbury NY 12804 91 1 RE: Town of Queensbury, Local Law 4 2015, filed on August 10, 2015 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.ny.gov. Sincerely, State Records and Law Bureau (518) 473-2492 NEWYORK Department STATE OF OPPORTUNITY. of State New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza,99 Washington Avenue LAlbany, 12231-0001 Local Law Filing www.d os.state.ny.us/corps (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑County ❑City ®Town ❑Village (Select one.) of Queensbury Local Law No. 4 of the year 20 15 Alocallaw to Extend Temporary Moratorium on Residential Multifamily (Insert Title) Construction within Bay Redd Office District Be it enacted by the Town Board of the (Name of Legislative Body) ❑County ❑City ®Town ❑Village (Select one.) of Queensbury as follows: SECTION 1. Title and Authority. The Town of Queensbury hereby extends its temporary moratorium on residential multifamily construction within the Bay Road Office District for an additional two (2) months. This Local Law is adopted in accordance with Municipal Home Rule Law §10 and shall be as follows: A. Purpose. This moratorium was adopted and is to be extended for at least two (2) reasons. First, a recent engineering study has confirmed that the sewer capacity along Bay Road is limited and that, after current proposed approved build-outs occur, further development would likely require costly additional sewer infrastructure investments. Complementing this consideration is the fact that residential uses typically have more demand on sewer capacity than commercial uses. Second, there is concern over the diminishing of the desired commercial development that the town has historically fostered, especially along the Bay Road corridor, and that multifamily uses overly consume properties that would otherwise be used commercially; and there exist studies (If additional space is needed,attach pages the same size as this sheet, and number each.) DOS-02394-1 (Rev.06112) ( 1 ) Page 2 of 4 that demonstrate that commercial uses bring jobs, help reduce taxes and require less in governmental services than residential uses. Therefore, the Town Board has significant concerns regarding the potential impacts of growth and development, particularly as they pertain to sewer capacity, in the Bay Road Office District and believes that this moratorium is necessary in order to allow the Town Board time to study these issues and consider amendment of our Local Laws regulating residential multifamily development in this area. B. Moratorium. The Town of Queensbury hereby extends its imposition of a moratorium on site plan review and subdivision applications regarding residential multifamily properties located in the Town of Queensbury's Bay Road Office District through October 9t', 2015 or any earlier date that the Town Board adopts an updated Comprehensive Land Use Plan, Zoning Ordinance and Map and/or Subdivision Regulations relating to residential uses in the Bay Road Corridor. This moratorium shall apply to any site plan review and/or subdivision applications which have not been approved by the Town of Queensbury Planning Board prior to the effective date of this Local Law. C. Extensions. This moratorium may be extended for such additional periods as the Town Board may determine to be necessary to protect the public health, safety and welfare to the citizens of the Town of Queensbury. D. Termination. This moratorium shall be terminated earlier than October 9t', 2015 upon enactment of any local legislation which adopts an updated Town of Queensbury Comprehensive Land Use Plan, Zoning Ordinance and Map and/or Subdivision Regulations relating to residential uses in the Bay Road Corridor. SECTION 2. Effective Period. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in Municipal Home Rule Law §27 or as otherwise provided by law. (2 ) " (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 4 of 20 1 5 of the (County)(City)(Town)(Village) of Queensbury was duly passed by the Town Board on 8 3 20 15 , in accordance with the applicable (Name of Legislative Body) provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was(approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20m, in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the(County)(City)(Town)(Village)of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 (Elective Chief Executive Officer*)Such local law was submitted to the people by reason of a(mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual)election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the(County)(City)(Town)(Village)of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval)by the on 20 . Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. ( 3) DOS-0239-f-I (Rev.06/12) Page 3 of 4 S. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general)election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) hereby certify that the local law annexed hereto, designated as local law No. of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (if any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this and that the same is a correct transcript therefrom and of the whole of such original local71ind was fi, I ad ted n the manner indicated in paragraph : 1 above. 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Barber: t The following material has been received and will be processed for inclusion in your Code as supplemental pages(where applicable): LL No. 4-2015 Town of Queensbury 742 Bay Road Queensbury, NY 12804 lr its s1lsll1fl!!))s) 'l��1 �1�1���l�ss1!!s!!!1) )�l'!�ltlssss1(